Reimbursement After Acquittal (\u00a7 393a Austrian Code of Criminal Procedure \u2013 StPO)<\/h2>\n\n\n\nWho can claim reimbursement after an acquittal?<\/h3>\n\n\n\n
If you are acquitted by an Austrian court, you are entitled to partial reimbursement of your defense costs by the state.
This applies to public prosecutions, but not to private prosecutions or cases initiated solely by private complainants. <\/p>\n\n\n\n
The reimbursement covers your necessary legal defense costs and reasonable out-of-pocket expenses.<\/p>\n\n\n\n
How is the reimbursement calculated?<\/h3>\n\n\n\n
The amount depends on:<\/p>\n\n\n\n
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- The scope of the proceedings<\/li>\n\n\n\n
- The complexity of legal and factual issues<\/li>\n\n\n\n
- The necessity and appropriateness of the defense efforts<\/li>\n<\/ul>\n\n\n\n
Statutory maximum limits:<\/p>\n\n\n\n
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- Proceedings before the Regional Court (jury or lay judge cases): up to \u20ac30,000<\/li>\n\n\n\n
- Proceedings before a single judge at the Regional Court: up to \u20ac13,000<\/li>\n\n\n\n
- Proceedings before the District Court: up to \u20ac5,000<\/li>\n<\/ol>\n\n\n\n
For particularly extensive or complex proceedings, these limits may be increased by 50%, and in exceptional cases even doubled.<\/p>\n\n\n\n
When is reimbursement excluded?<\/h3>\n\n\n\n
You are not entitled to reimbursement if:<\/p>\n\n\n\n
- \n
- You deliberately caused the suspicion leading to the proceedings,<\/li>\n\n\n\n
- The offense was committed while legally insane or unaccountable,<\/li>\n\n\n\n
- Criminal liability ceased after the indictment was filed (for example, due to legal changes), or<\/li>\n\n\n\n
- The authorization to prosecute was withdrawn during the main hearing.<\/li>\n<\/ul>\n\n\n\n
How to Apply for Reimbursement<\/h3>\n\n\n\n
A written application must be submitted within three years after you are notified of the decision that ends the proceedings. Importantly, the new regulation applies retroactively: Claims can also be made for cases finalized on or after 1 January 2024, even if the law took effect only on 1 August 2024. Applications may be filed with the public prosecutor\u2019s office or the court that handled the case. <\/p>\n\n\n\n
Practical Assessment and Conclusion<\/h2>\n\n\n\n
The reform of defense cost reimbursement represents a welcome step toward greater fairness in Austrian criminal proceedings. The maximum reimbursement amounts have been significantly increased, and \u2014 for the first time \u2014 defendants can now also claim compensation after an investigation is discontinued. However, the statutory caps still fall short of covering the true costs in complex and large-scale white-collar cases. In such proceedings, full compensation remains the exception rather than the rule. <\/p>\n\n\n\n
Need Legal Assistance with Your Defense Cost Claim?<\/strong><\/h3>\n\n\n\n
If your criminal case in Austria was dropped or if you were acquitted, you may be entitled to partial reimbursement of your legal defense costs. Navigating these claims can be complex \u2014 especially in white-collar or financial criminal proceedings. As an experienced Austrian defense attorney for economic and financial crime, I support clients throughout all stages of the criminal process \u2014 from investigation to reimbursement of defense costs.
Contact me today for a confidential consultation to ensure that your rights are protected and your reimbursement claim is properly asserted. <\/p>\n\n\n\n\n\n\n\n![\"Portrait](\"https:\/\/www.ra-weisser.at\/app\/uploads\/2025\/07\/MarkusWeisser.jpg\")
<\/figure>\n<\/div>\n\n\n\n\nMarkus Weisser<\/h3>\n\n\n\n
Attorney at law<\/p>\n\n\n\n
Mag. Markus Weisser has been practicing criminal law for several years. His work covers a broad range of focus areas, and he also regularly gives lectures on various legal topics. <\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n
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